Ask Larry

Does My Ex-Husband Have To Be Drawing Benefits Before I Can Claim 50% Of His Benefit While Allowing Mine To Grow Until Age 70?

Does it matter if my ex-husband is currently collecting SS benefits or not before I can file to collect 50% of his benefits and allow mine to continue to add up until 70 year’s old? He is currently 62 years old and I am 61 years old.

Hi. You can potentially claim divorced spousal benefits as early as age 62 even if your ex-spouse isn't collecting benefits, but only if your ex is at least age 62 and if your divorce has been final for at least 2 years. However, as long as your ex is still living you could never collect divorced spousal benefits while allowing your own benefits to grow until age 70. Only people who were born prior to January 2 1954 are allowed to do that ( The only way that you could collect benefits on an ex-spouse's account while allowing your own benefits to grow until age 70 is if your ex-spouse is deceased.

It sounds like you should strongly consider using our software ( to fully analyze the options available to you in order to determine your best strategy for maximizing your benefits.

Best, Jerry

Aug 18 2021 - 7:33am
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